Lanlord Problem?

Question

I am a new landlord and have three tenants in my home that have caused close to $6k in damage due to an improper hook up of the washer. After my property manager showed the tenants details of the damage, including statements from both the restoration contrator and pumbler pointing to the washer area as the root cause. I also included thermal images from the contractor showing the water originated directly under the washer unit (they installed) leaking onto the first floor ceiling. They claim it is not their issue and do not want to pay for deductable and plumber fees I payed out. What are my next steps. I don't have a problem taking them to small claims court. Can I take them to court after their lease is over (6 months from now). I rather not do it now for fear that they may damage the house even more to retaliate.

Answer 1

You may already be over the limit to sue in small claims court. I would sue them now. Cut your losses and get rid of these tenants as soon as you can, and in the future, make sure your lease agreement specifies that any damage caused by any tenant-installed item is the tenant's responsibility. It should be anyway, but have it in writing.

Answer 2

Obviously, the tenant's actions have caused the damages. However, they could claim that you knew about the fact that they had hooked up the washer, and that you had allowed it. Despite this, the worst-case scenerio would be that the arbitrator would rule that 50% of the damages be borne by the landlord, and 50% by the tenant.
If there is a lease in place, the provisions of the agreement will say something about damages to the property, and therefore the tenants will have abrogated the agreement if they refuse to live up to its terms. They have broken the contract, and under many jurisdictions you can issue them with a 10-day notice of eviction.
By all means take the matter to small claims court [if you don't have a residential tenancy service in your jurisdiction], and don't wait--get legal advice, and move on it.
Yes, the tenants could retalliate, but here's another ace up your sleeve: get the restoration contractor to witness a Condition Inspection Report {or equivalent where you live}. If you haven't done so already, you may issue a 24 hour notice to enter the premeses, then make the inspection, and take pictures if you can. A pretext like "just making sure there's no further damage" will hold up in court.
Next, "bite the bullet" and evict the tenants. They may cost you if they retalliate, but they will cost you anyway if you let them get away with this.
Perhaps the best thing you can do is to have a real estate person assess the place. You can tell the tenant that the damages cost enough that the building may have to be sold. There's a whole range of things you can do--but before you do anything, have "all your ducks in a row." Photos, witnesses, documentation, and direct quotes [word-for-word] are all effective evidence before a judge or arbitrator.
This will probably get messy, but the alternative is having tenants who will go on costing you, and though you will likely take a loss on this, it's an opportunity to improve the property and legitimately charge a higher rent when it's done.
Good luck.

Answer 3

Did you do a walk thru with the tenants before they rented the apartment ? If you did , then you will have proof that the damage was not from a past tenant. Next you will need to take lots of pics of the apartment now. This will give you more proof of the condition of the apartment before they moved out. You should also do a walk thru on the day they leave to make sure no further damage occurs. Just taking the pics is deterrent enough sometimes. You are entittled to keep the security deposit and ask them to pay for damages. If they refuse to do that then go ahead and take them to court. Just make sure they don't skip out of the state. You have every right to get the damages back , plus any other damages to any adjacent apartments. I would wait to take care of this matter. The judge will want to know why you waited so long to say anything. You have the right to inspect the apartment anytime as long as reasonable notice is given . good luck.

Answer 4

A lot depends upon exactly WHERE you live. Every City has a City Hall and a Courthouse. Inside most large Courthouses there is a Law Library. The public is welcome to use most Law Libraries. You need to go to the Law Library and look up Landlord/Tenant Law for your City. or
You need to consult with a Landlord/Tenant Attorney regarding your problem. You can get referrals your State Bar Association and from your local City Hall.

Answer 5

I would contact a lawyer if I were u. if the lawyer decides that u have a case, then ur tenants will have to pay for the cost of the lawyer anyway, so u have nothing ot lose.

Answer 6

I'd get in touch with an attorney and see what your legal rights are first. It might be a good idea to evict them before they do anymore damage to your place. Good luck!

Answer 7

Your the landlord. You can evict them.Being a landlord isn't all it is trumped up to be. You have to expect that it is going to cost you money. What do you think? You buy the place and then just sit back and collect the rent?

Answer 8

did you know that in small claims court the judge makes a decision...say to have your tenants pay the money...but it is then your responsibility, not the courts, to get your money from them? so to me, whats the point...theyre never going to pay...especially since youve proven fault already and their attitude is "not my problem"...sounds like a bunch of irresponsible, inconsiderate, immature jack@sses to me...why let them live out their lease? kick them out...

Answer 9

don't wait, take them to court now, if they further damage the place then take them to court for that too.,

Answer 10

don't let your tenants install there own washer